Heritage (Underwater Cultural Heritage) Regulations 2017

The Regulations organise regulation around a few recurring legal concepts: protected zones; registered shipwrecks, historic shipwrecks and associated artefacts; prohibited activities; permits under ss 77 and 78 of the Heritage Act 2017; prescribed forms; fees, exemptions and waivers; infringement offences; and markers and moorings.

Protected zone and registered shipwrecks: The Regulations repeatedly regulate activity "within a protected zone" and "in, on or near" registered or historic shipwrecks and their artefacts (regs 8-17). The Regulations themselves do not define "protected zone" beyond referring to the Act; they implement prohibitions that attach when a protected zone exists. That indicates the conceptual division of labour: these Regulations set the operational prohibitions and penalties, while the Act establishes core statutory powers, definitions and the enabling framework (reg 2; regs 5-7 reference ss 77-80 of the Act).

Permits and permit types: The statutory gateway to lawfully undertake otherwise-prohibited activities is a permit granted under s 77 (permits for exploration or recovery and related activity) or s 78 (permits for use) of the Act. The Regulations prescribe the forms for those applications (reg 5 and reg 6, Schedules 1 and 2), and specify what activities attract which fee (reg 18). Schedule 1 also categorises permit types (e.g. recreational dive with or without moorings, commercial operator single or multi-visit, recovery or disturbance of artefacts).

Forms and notification: Schedule 3 is the prescribed notification form for discovery under s 80 (reg 7). It is detailed: it asks for exact locational data (latitude/longitude and GPS datum), site conditions, artefact descriptions, and whether the finder can accompany representatives of the Executive Director. The form both standardises intake data and anticipates regulatory site inspection and follow-up.

Prohibited equipment and carriage: The Regulations distinguish equipment "constructed" for a purpose from equipment "adapted" for a purpose (regs 11-14). Both bringing equipment constructed for diving, salvage or recovery, and bringing equipment adapted for those purposes, are prohibited unless authorised by permit. Equivalent prohibitions apply for equipment constructed or adapted for cultivation, mining, quarrying, dredging and excavating. Regulation 15 extends prohibition to causing a ship or vehicle carrying such equipment to enter a protected zone. This creates multiple compliance touchpoints: possession, carriage, and use.

Markers and buffers: Regulation 17 protects infrastructure associated with regulated places or artefacts. It prohibits moving, removing, damaging or otherwise interfering with plinths, moorings, buoys, piles and other markers or notices or equipment placed in or within 100 metres of a registered shipwreck, historic shipwreck or artefact or within any protected zone. A 100-metre buffer is a specific spatial protection standard embedded in the Regulations.

Fees, exemptions, waivers and units: The Regulations tie fees to specific activity types (reg 18). Fees are expressed in "fee units" and penalties in "penalty units", with the relevant monetary conversion mechanisms provided by the Monetary Units Act 2004 and Sentencing Act 1991 respectively (Endnotes, Explanatory details). Exemptions for eligible beneficiaries (State Concessions Act 2004) are prescribed in reg 19 and the Heritage Council may waive fees under reg 20 where an application meets conservation, research, education, safety criteria or is from a community group.

Infringement scheme and criminal penalties: Certain breaches (reg 8, 9, 10, 11, 13) are specified as infringement offences (reg 21) and attract set infringement penalties (reg 22). Separate to infringement penalties, the primary prohibitions carry a criminal penalty of 50 penalty units (regs 8-17), showing a two‑tier enforcement design: summary infringement for particular breaches; larger monetary penalties (and conceivably prosecution) for the acts listed with 50 penalty units.

Administrative actors: The Regulations explicitly empower the Heritage Council to waive fees (reg 20) and implicitly involve Heritage Victoria and the Executive Director in application processing and site responses (Schedules and references to the Executive Director in Schedule 3). The Act remains the source of broader decision-making powers, with these Regulations providing procedural detail.

Together, these concepts create a regulatory design that defines forbidden conduct, prescribes forms and fees for permission, specifies payments or exemptions, and erects both administrative and criminal pathways to enforcement. The practical effect rests on the Act’s definitions and the operational capacity of Heritage Victoria and the Heritage Council.

The Regulations allocate duties and costs across identifiable groups. They affect anyone who would enter, use, interfere with, recover from, or undertake works in or near a protected zone or a registered/historic shipwreck or artefact, plus those who find such material and those who administer permits.

Recreational divers and snorkellers: Regulation 18(1)(a) and (b) prescribes per-diver fees for recreational diving or snorkelling in a protected zone, with a higher fee when moorings are required. The requirement to obtain a permit to enter a protected zone (reg 8) makes recreational divers potential applicants and fee payers unless an exemption/waiver applies (regs 19-20). Schedule 1 requires names of divers and other details for an application.

Commercial dive operators and marine-tour operators: The Schedules distinguish between commercial operators’ one-off and multi-visit authorisations (Schedule 1, tick boxes). Regulation 18(3) offers two concessioned multi-diver fee options aimed at operators (one-time with up to 10 divers for 8 fee units; up to five occasions with maximum 12 divers for 40 fee units), and reg 18(4) clarifies that paying the 18(3) fee relieves applicants from paying the per-diver fees in 18(1). Commercial operators therefore bear discrete cost structures and decision points in selecting the appropriate permit variant.

Professional salvors, archaeologists and consultants: Regulation 18(2) prescribes substantial fees (66.1 fee units) for permits to possess or use equipment of the sort described in s 76 of the Act, and for permitting disturbance of wrecks (both below and at thresholds expressed as less than or 50 per cent or more of wreck). Those seeking to undertake excavation, recovery or other intrusive operations will face these fees and must use Schedule 1 or 2 forms as applicable. The waiver power (reg 20) can, in principle, reduce cost for conservation and research projects, but that is discretionary.

Owners and occupiers of land containing registered shipwreck artefacts: Regulation 19(a) exempts eligible beneficiaries under the State Concessions Act 2004 from paying fees where the artefact or object is situated on land that the person owns and which is their principal place of residence. This captures private owners who meet the statutory concession criteria. The owner still must comply with permits where required, but the fee burden is removed for eligible persons in specified circumstances (reg 19).

Community groups: The Regulations define "community group" narrowly (reg 4) and then give the Heritage Council power to waive fees for permit applications from community groups (reg 20(e)). They are therefore potential fee-exempt beneficiaries where they meet the definition, and Schedule 1 and 2 contain specific text that community groups may apply for fee waivers.

Finders and the public: Schedule 3 prescribes the information a finder must supply for a notification (reg 7). The form seeks full descriptive and locational information and asks whether the finder can accompany representatives of the Executive Director to the site. Finders are thereby channelled into an administrative pathway that invites regulatory follow-up and investigation.

Vessel operators and logistic suppliers: Regulation 15 prohibits causing a ship or other vehicle that carries prohibited equipment to enter or remain in a protected zone, even if the operator is not conducting the prohibited activity. This targets vessel operators, charterers, freight and logistic chains: moving certain equipment into a protected zone without a permit exposes the vessel operator to penalty.

Heritage Council and Heritage Victoria/Executive Director: The Heritage Council decides fee waivers (reg 20) and prescribes fees; Heritage Victoria staff and the Executive Director are implicated operationally through the forms and site inspection expectations in Schedule 3. Enforcement agencies and prosecutors will be relevant actors for infringement notices and prosecutions under the Heritage Act (regs 21-22).

Broadly, the Regulations shift regulatory cost and compliance duties onto divers, commercial operators, salvors, owners of registered places, finders, vessel operators, and administrators. Who pays: applicants and operators who wish to enter, use or interfere with protected zones or wrecks typically carry the permit-fee costs (reg 18), unless they qualify for exemptions or waivers (regs 19-20). Who decides: the Heritage Council exercises fee‑waiver discretion; the Executive Director and Heritage Victoria process applications and follow up notifications; courts and infringement officers enforce compliance under the Act and these Regulations.

Key duties imposed by the Regulations are largely negative prohibitions backed by monetary penalties, together with positive duties to use prescribed forms and to notify discoveries.

Duty to obtain permits before otherwise-prohibited activities: The core duty is that a person must not, except in accordance with a permit granted under section 77 or 78 of the Act, engage in a wide range of activities in a protected zone. Regulations 8-16 enumerate the activities that are prohibited without a permit: entering a protected zone (reg 8); mooring, parking or using a ship or vehicle within a protected zone (reg 9); trawling, fishing, diving or other underwater activity (reg 10); bringing into or using equipment constructed or adapted for diving, salvage or recovery (regs 11-12); bringing into or using explosives or equipment constructed or adapted for cultivating, mining, quarrying, dredging or excavating (regs 13-14); causing a vessel carrying such equipment to enter a protected zone (reg 15); and cultivating, mining, quarrying, dredging or excavating on or below land within a protected zone (reg 16). The duty to seek and hold an appropriate permit under the Act is therefore the primary compliance requirement.

Duty regarding markers and equipment: Regulation 17 imposes a duty not to move, remove, damage, alter or interfere with plinths, moorings, buoys, piles, markers, notices or equipment lawfully placed in or within 100 metres of a registered shipwreck, historic shipwreck, artefact or protected zone. This is a specific duty to preserve regulatory infrastructure and site aids.

Duty to notify discovery: Regulation 7 prescribes the form and details required under section 80(2) of the Act for the notification of discovery. Schedule 3 lists the particulars expected of a finder (location, descriptions, conditions, photos/videos where available) and includes a finder statement confirming the accuracy of information. The duties operate to ensure the regulator is informed when new sites or artefacts are found.

Duty to use prescribed application forms: Applicants for permits under ss 77 and 78 must use the prescribed forms in Schedules 1 and 2 (regs 5-6). The forms require particular data (applicant details, vessel details, activities, dates, fee payment, statements), producing predictable administrative inputs for decisionmaking.

Rights to apply and to seek waivers/exemptions: The Regulations preserve procedural rights. Applicants may submit applications using the prescribed forms (regs 5-6). Eligible beneficiaries under the State Concessions Act are expressly exempt from specified fees (reg 19). The Heritage Council has a discretionary power to waive fees where an application satisfies specified criteria,conservation or research, public education, public safety, duplication of previously permitted acts, or where the applicant is a community group (reg 20). Regulation 18(4) clarifies that applicants who have paid the package fee for multi‑visit commercial options are not required to pay the per-diver fees in reg 18(1)(a)-(b), which is a procedural right to rely on the bundled payment.

Interaction of duties and rights: The negative duties (do not enter, do not bring equipment, do not interfere with markers) impose compliance costs and behavioural constraints. The positive rights (to apply, to seek waivers, to be exempt if an eligible beneficiary) create administrative avenues to lawfully carry out activities. The forms and the waiver/exemption mechanisms are the concrete procedures by which regulated parties convert forbidden acts into authorised ones. The Executive Director’s operational role is implied in Schedule 3, where a finder is asked whether they will accompany representatives, indicating a right of the regulator to inspect.

Limits and thresholds: Several duties are expressed at thresholds that bear on decisionmaking: reg 18(2)(b) and (c) distinguish disturbance or interference with "less than 50 per cent" versus "50 per cent or more" of a wreck but prescribe the same fee (66.1 fee units) for both. The 100-metre buffer in reg 17 is a fixed spatial duty that anchors certain protective duties.

Administrative discretion and judicial remedies: The Regulations vest discretion in the Heritage Council for waivers (reg 20) but do not themselves set appeal mechanisms. Those broader rights and remedies will be located in the Heritage Act 2017, which is the enabling statute (reg 2). The Regulations impose duties and provide administrative routes for lawful action; they do not create private rights beyond the application and notification processes they prescribe.

The Regulations create a two-tier scheme of monetary sanctions and designate certain breaches as infringement offences under the enforcement provisions of the Heritage Act 2017.

Primary monetary penalties: For many of the prohibitions listed (regs 8-17) the Regulation specifies a penalty of "50 penalty units." The precise dollar amount of a penalty unit is managed under the Sentencing Act 1991 and can vary by financial year. The Explanatory details give the penalty-unit value for the financial year commencing 1 July 2017 as $158.57 and specify that the calculated penalty may be rounded to the nearest dollar. Using that value as an example, a 50 penalty unit penalty for the prohibitions in regs 8-17 would equate to 50 × $158.57 = $7,928.50, rounded to the nearest dollar (Endnotes, Explanatory details). The Regulations therefore tie what appear to be category‑defining prohibitions to substantial monetary sanctions.

Infringement offences and prescribed infringement penalties: The Regulations identify a subset of offences as infringement offences for the purposes of Division 4 of Part 10 of the Heritage Act 2017 (reg 21). The specified infringement offences are breaches of regulation 8 (entry), regulation 9 (mooring/parking/use of a vessel), regulation 10 (trawling, fishing, diving, underwater activity), regulation 11 (bringing into or using equipment constructed for diving, salvage or recovery), and regulation 13 (bringing into or using explosives or equipment constructed for cultivating, mining, quarrying, dredging or excavating). Regulation 22 then prescribes the infringement penalties: 3 penalty units for regs 8 or 9; 6 penalty units for reg 10; and 10 penalty units for regs 11 or 13. Again, Explanatory details specify the penalty unit value for 2017-18; therefore, under that year’s value, the infringement fines would convert to modest dollar amounts by comparison with the 50 penalty unit default for prosecution. For example, at $158.57 per penalty unit, a 10-unit infringement would be $1,585.70 (rounded).

Enforcement pathways: The Regulations do not themselves spell out enforcement agency responsibilities beyond integrating with the Heritage Act’s Division 4 of Part 10. The practical enforcement mechanisms are therefore the infringement-notice process for the listed infringements and criminal prosecution for the offences carrying 50 penalty units. The Regulation 21 cross-reference situates those listed infringements within the Act’s enforcement framework. Schedule 3’s request that a finder indicate whether they can accompany representatives of the Executive Director suggests an operational investigative role for Heritage Victoria and its officers.

Deterrence and compliance calibration: By prescribing both infringement options (lower-value, administratively issued fines) and larger 50-unit penalties, the Regulations create a graduated enforcement architecture. Certain breaches may be dealt with via infringement notices where appropriate; more serious or contested matters can proceed through prosecution with higher monetary penalties. That dual path produces administrative discretion in enforcement choices, which affects how regulated actors assess their compliance risk.

Monetary and administrative uncertainty: Because fee units and penalty units are monetary proxies whose dollar value varies by financial year and is fixed by the Treasurer (Explanatory details), the dollar-cost of non-compliance can change. The Regulations require practitioners and operators to check the current value of a fee unit and penalty unit when computing fees or exposure to fines.

Practical enforcement consequences: For those undertaking or contemplating activities in protected zones or near registered shipwrecks, the enforcement rules mean enforcement authorities have options ranging from infringement notices to prosecution with significant pecuniary consequences. Operationally, the design creates incentives to obtain permits where there is ambiguity, to use the waiver and exemption mechanisms where available, and to avoid carrying or using equipment the Regulations treat as prohibited without authorisation.

These Regulations are expressly made under the Heritage Act 2017 and embed multiple cross-references to other Victorian statutory frameworks, thereby operating as part of an interlocking regulatory system.

Heritage Act 2017: The Regulations implement and give procedural effect to specific sections of the Heritage Act 2017. Regulation 5 prescribes the form for applications for permits under s 77(2) of the Act; regulation 6 prescribes the form for permits under s 78(4); and regulation 7 prescribes the form and details for notifications under s 80(2). Regulation 2 confirms the authorising provisions are ss 255 and 256 of the Act. Consequently, definitions and thresholds such as what constitutes a "protected zone" or the substantive criteria for permitting decisions are established in the Act; the Regulations supply forms, fees and specific prohibitions.

State Concessions Act 2004: Regulation 19 grants fee exemptions to "eligible beneficiaries within the meaning of the State Concessions Act 2004" for certain fees. That means the concessions regime under the State Concessions Act directly reduces regulatory costs for qualifying individuals (for example, pension-card holders listed in Schedule 1 to the Regulations), and the Governor’s Gazette or Orders under that Act can modify who qualifies for exemption.

Monetary Units Act 2004 and Treasurer settings: The Regulations express fees in fee units (reg 18) and penalties in penalty units. The Explanatory details clarify that fee units and penalty units must be converted to dollars under the Monetary Units Act 2004 and the Sentencing Act 1991 (Endnotes, Explanatory details). The Monetary Units Act requires the Treasurer to fix the value of a fee unit each financial year, which must be published before 1 June in the preceding year. This means the actual dollar amounts required for permits and the monetary exposure for offences are partly determined outside the Heritage regime.

Sentencing Act 1991: Penalty units referenced in the Regulations are defined within the Sentencing Act 1991; that Act controls the unit value for penalties. The Explanatory details provide the value for the 2017-18 year but make clear that future changes lie with the Treasurer and the Sentencing Act.

Subordinate Legislation Act 1994: The Endnotes record that these Regulations will sunset ten years after making, under section 5 of the Subordinate Legislation Act 1994. That legislative constraint imposes a temporal limit requiring either remaking or expiration of these Regulations by 24 October 2027 unless the statutory process is invoked.

Other administrative law frameworks: The Regulations create administrative decision points,fee waivers, permit approvals, site inspections,that sit within the broader administrative law architecture for merits review, judicial review and statutory appeals under the Heritage Act and Victorian general administrative law. The Regulations themselves do not set appeal pathways but rather reference administrative decisions (for example, the Heritage Council’s waiver power at reg 20). Challenges to exercise of discretion by the Heritage Council or decisions by the Executive Director would therefore proceed under the review rights and judicial review doctrines available under the enabling Act and general public law.

Operational interfaces: The forms in Schedules 1-3 show the practical interface between regulated parties and the Heritage regulator. For example, Schedule 3’s request that finders indicate availability to accompany representatives of the Executive Director anticipates co-ordination with Heritage Victoria personnel and therefore engages operational arrangements for site visits, records and evidence collection. The Regulations therefore sit in a multi-actor enforcement and administrative ecosystem that includes local and state authorities, courts, and potentially maritime regulators where overlapping jurisdiction exists (though any such overlap would be determined by the enabling Act and other statutes, not by the Regulations themselves).

In short, the Regulations act as procedural and substantive detail for the Heritage Act 2017, while their financial and enforcement mechanics are tied to the Monetary Units Act 2004, the Sentencing Act 1991 and the State Concessions Act 2004. The subordinate‑legislation sunset rule also places these Regulations into a statutory review cycle under the Subordinate Legislation Act 1994.

The Regulations include a specific "Table of Amendments" and "Amendments Not in Operation" section in the Endnotes. As published in this version (version no. 001, as at 1 November 2017), there were no amendments made to the Heritage (Underwater Cultural Heritage) Regulations 2017 by statutory rules, subordinate instruments or Acts (Endnotes, Table of Amendments). There are no amendments listed as "not in operation" at the date of publication.

Key dates in the instrument’s initial history are recorded in the Endnotes: the Regulations were made on 24 October 2017 by Governor in Council under ss 255 and 256 of the Heritage Act 2017 and came into operation on 1 November 2017 (Endnotes). The Endnotes also record the automatic sunset provision applicable to subordinate legislation: the Regulations will sunset 10 years after making, which places the scheduled sunset at 24 October 2027, unless remade or otherwise extended under applicable legislation (Endnotes, reference to Subordinate Legislation Act 1994).

The Explanatory details section of the Endnotes documents the initial fee and penalty unit values that applied for the first relevant financial year (2017-18): a fee unit value of $14.22 and a penalty unit value of $158.57 were stated for the financial year commencing 1 July 2017. Those values are included as explanatory material and reflect the standard subordinate‑legislation practice of converting fee and penalty unit counts into dollar equivalents for reader clarity (Endnotes, Explanatory details).

Because there are no recorded amendments in this publication, anyone assessing the current statutory position must check for subsequent statutory rules or Acts that may have altered these Regulations after 1 November 2017. The Regulations’ own Endnotes direct readers to the primary source of updated text via the official legislation website for Victorian Bills, Acts and authorised versions of legislation (Endnotes).

The absence of recorded amendments in the table as at the publication date means the operational detail and fee structure set out in reg 18, the prohibitions in regs 8-17, the waiver and exemption criteria in regs 19-20, and the infringement designations in regs 21-22 were the original operational framework as of commencement.

The printed Regulations and the Endnotes contain no references to judicial decisions, litigation, or case law arising from these Regulations. The "Litigation history" heading in this note must therefore reflect that there is no litigation history recorded in the provided text. The schedules, forms and explanatory details do not cite any cases, and the Endnotes do not record any litigation or judicial interpretations of these Regulations up to the version date.

Absent any reported decisions in the text, questions about how courts have interpreted prohibitions (for example, the scope of "adapted" equipment in regs 12 and 14, or the circumstances in which the Heritage Council's waiver discretion under reg 20 is reviewable) remain open and would require up-to-date case-law research beyond this instrument. The Regulations themselves do not include transitional or saving provisions that presuppose litigation outcomes, nor do they reference precedent.

For a practitioner advising clients, the lack of recorded litigation in the instrument means (a) the statutory language in regs 8-17 and the fee/infringement scheme in regs 18-22 must be interpreted on their text and in the context of the enabling Act, and (b) any uncertainty about interpretation or enforcement practice would have to be resolved through administrative inquiries to Heritage Victoria, or by testing through courts or tribunals if disputes arise. Because the Regulations specify administrative forms and fee/penalty conversions tied to other statutes, enforcement disputes may implicate multiple statutory regimes (for example, fee unit determination under the Monetary Units Act 2004 or penalty unit definitions under the Sentencing Act 1991).

In short, no litigation record appears in the Regulations as published; practical consequences and ambiguities must therefore be managed administratively or, if necessary, through litigation that has not been captured in this document.

The Regulations contain many concrete traps for practitioners and operators; the following points identify where operational and legal risks commonly arise and where the Regulations’ mechanics produce potentially unexpected compliance costs.

1. Prohibition attaches to carriage as well as use: Regulation 15 prohibits causing a ship or vehicle that carries specified equipment to enter or remain in a protected zone. This means that merely transporting or storing prohibited equipment on a vessel can produce liability even if the equipment is not used. Logistics and charter arrangements must therefore be checked to ensure equipment is not inadvertently carried into a protected zone.

2. “Constructed” versus “adapted” doubles up obligations: The Regulations prohibit equipment both "constructed for" and "adapted for" particular activities (regs 11-12 and 13-14). That broad wording captures specialist gear and ordinary equipment that has been modified. The compliance consequence is that businesses with multi‑purpose equipment must either secure permits or avoid proximity to protected zones, because minor adaptation can change legal status.

3. 100‑metre buffer for markers: Regulation 17 protects markers and equipment lawfully placed in or within 100 metres of a wreck or protected zone. Operators and contractors must be cautious about anchoring, mooring installation, or seabed works within this buffer even where a wreck’s precise legal boundaries are uncertain.

4. Fee structures carry per-diver and package options: For recreational diving the Regulations prescribe per‑diver fees (reg 18(1)) but also provide packaged commercial options (reg 18(3)). Reg 18(4) relieves applicants who pay the package fee from paying the per-diver fees, but choosing the wrong fee category can cause underpayment issues or rejection of the application. Commercial operators should evaluate the 18(3) options carefully (one-time up to 10 divers for 8 fee units; up to five occasions with maximum 12 divers for 40 fee units).

5. Flat high fees for intrusive work may deter lawful projects: The 66.1 fee-unit charge for the use of equipment or disturbance of wrecks (reg 18(2)(a)-(c)) and the 100 fee unit charge for other underwater works (reg 18(2)(e)) represent substantial up-front costs. The Explanatory details convert fee units for 2017-18 (one fee unit = $14.22) but future fee-unit values are set by the Treasurer. These costs may discourage formal permit applications and create incentives for informal or unregulated activity unless waivers are obtained.

6. Heritage Council discretion creates uncertainty: The Heritage Council can waive fees where satisfied the proposed act is for conservation/research, public education, public safety, is the same as a previously permitted act, or is in respect of community groups (reg 20). The Regulation leaves the standard of satisfaction to the Council, producing administrative uncertainty for applicants and possible delay while seeking waiver.

7. Limited fee exemptions: The fee exemptions in reg 19 apply narrowly to eligible beneficiaries under the State Concessions Act 2004 in specified circumstances, such as using an artefact on land that the person owns and which is their principal place of residence. For most commercial entities and private owners who do not meet State Concessions criteria, fees remain payable.

8. Prescribed forms require operational detail: Schedules 1-3 are detailed; for example, Schedule 3 asks for GPS datum and whether a depth sounder is required. Incomplete or inaccurate submissions can delay processing or produce compliance issues during inspections. Schedule 3 also anticipates the Executive Director’s inspection role, and a finder’s refusal to cooperate could affect regulatory follow-up.

9. Two-tier enforcement and strategic enforcement choices: Several prohibitions are designated infringement offences (reg 21) while the same or related prohibitions carry 50 penalty units in their substantive provisions. This legislative design gives enforcement agencies options between issuing infringement notices and pursuing prosecution, producing uncertainty about final sanction magnitude in enforcement actions.

10. Fee-unit and penalty-unit variability: The dollar value of fee and penalty units is not fixed within these Regulations but managed annually by the Treasurer and under other Acts (Explanatory details). Practitioners must check current values when calculating fees or estimating fines; retroactive expectations about dollar amounts can be misleading.

11. Some key terms lie in the Act, not the Regulations: "Protected zone", thresholds for registration, and the Act’s criteria for permit grants are in the Heritage Act 2017 rather than these Regulations. Advisers must consult the Act to understand the spatial and substantive triggers for these Regulations to apply.

12. Sunset risk: The automatic sunsetting in 2027 means that unless remade or replaced the operational prohibitions, fees and forms will lapse. That temporal factor should be considered when planning multi-year projects.

These "gotchas" are concrete consequences of the statutory text. They produce transaction costs for operators and create administrative discretion that can delay or change project economics. They also create definitional dependencies on the Heritage Act and on annual monetary settings determined outside the Heritage regulatory apparatus.

Compliance requires a mix of legal checking, administrative steps and operational controls. The following practical roadmap follows the Regulations’ mechanics and cites the specific provisions implementing each step.

1. Determine whether the site/activity falls within the Regulations’ scope: Check whether the intended location is a protected zone or whether a place or object is a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact. The Regulations presuppose those designations; the Heritage Act 2017 contains the substantive registration processes and definitions referenced by these Regulations (regs 5-7 refer to ss 77-80 of the Act).

2. Avoid prohibited acts unless authorised: Absent a permit, do not enter a protected zone (reg 8), moor or use a vessel in the zone (reg 9), undertake trawling, fishing, diving or other underwater activity in the zone (reg 10), bring into or use equipment constructed or adapted for diving, salvage, recovery, cultivating, mining, quarrying, dredging or excavating in the zone (regs 11-14), or cause a vessel carrying such equipment to enter the zone (reg 15). Also do not conduct cultivation, mining, quarrying, dredging or excavation on or below land in the zone (reg 16). Respect the ban on moving or interfering with markers and equipment within 100 metres of wrecks or protected zones (reg 17).

3. Use the prescribed forms: For permit applications under s 77 (exploration or recovery and activities relating to protected zones), use Schedule 1 (reg 5). For applications under s 78 (use of wrecks or artefacts), use Schedule 2 (reg 6). For notifying a discovery under s 80(2), complete Schedule 3 (reg 7). Ensure forms are complete, with precise GPS coordinates (Schedule 3 requests GPS datum), dates, vessel details, names of divers, photographs and a signed finder statement.

4. Select the correct fee category and calculate fees: Consult reg 18 to identify the correct fee class. For recreational diving, consider whether per-diver fees apply (reg 18(1)) or whether a package option under reg 18(3) better fits commercial operations,paying the package fee removes the obligation to pay per-diver fees under reg 18(4). For intrusive work or use of salvage equipment, expect the fees set in reg 18(2) (for example 66.1 fee units for equipment or disturbance). Calculate dollar amounts using the current fee unit value published by the Treasurer (Explanatory details, Monetary Units Act 2004).

5. Check entitlement to exemptions or seek a waiver: If the applicant is an eligible beneficiary under the State Concessions Act 2004, apply for exemption as specified in reg 19 and provide the supporting documents noted in Schedule 1 (for example, a concession card and proof of principal residence). If activities are for conservation, research, education or public safety, or if the applicant is a community group as defined in reg 4, apply for a fee waiver under reg 20. Prepare supporting documentation that explains how the activity satisfies reg 20(a)-(e).

6. Operational compliance for equipment and vessels: Remove or refrain from transporting equipment that is constructed or adapted for prohibited activities if operating near a protected zone, unless a permit authorises carriage or use (regs 11-15). Where equipment must be transported for unrelated lawful commerce, document its non-adapted status and segregate prohibited gear to avoid the "carriage equals offence" trigger in reg 15.

7. Engage early with Heritage Victoria: Use the forms to open lines of communication. Schedule 3 anticipates the Executive Director will want to inspect discoveries; arrange for the finder or an authorised representative to accompany regulatory staff where requested. Early engagement helps confirm the scope of the protected zone and any urgent mitigation measures (for example buoying a site).

8. Maintain documentary evidence and safety measures: For permit applications and notifications, maintain accurate photographic, GPS, equipment, crew and date records as required in Schedules 1-3. If applying for a waiver under reg 20, attach conservation or research proposals, safety assessments, or evidence of community-group status.

9. Integrate penalty risk management: Be aware that breaches can attract infringement notices or prosecutions. Consult reg 21 and reg 22 to identify which contraventions may be addressed by infringement notice and the prescribed infringement penalty. Recognise that other breaches carry a 50 penalty unit criminal penalty (regs 8-17). Check the current dollar value of penalty units in the relevant financial year (Explanatory details).

10. Plan commercially for fee and time costs: For recurring commercial dive operations consider the 18(3) package options. For one-off complex works involving salvage or disturbance, budget for the 66.1 or 100 fee-unit fees in reg 18(2), and consider applying for a fee waiver early if eligible under reg 20. Recognise that the Heritage Council's waiver power is discretionary; factor potential processing time and the need for additional information.

11. Audit and train staff: Ensure skippers, crew, dive leaders and contractors know the prohibitions and the importance of not moving markers, moorings or buoys (reg 17) and of not bringing prohibited equipment into protected zones (regs 11-15). Embed pre-departure checklists that specifically reference protected zone boundaries and carriage rules.

12. Monitor legislative and unit-value changes: Because fee and penalty unit values can change annually, incorporate a compliance step to verify current fee-unit and penalty-unit values published by the Treasurer before applying for permits or estimating exposure to fines (Explanatory details). Also track whether the Regulations have been amended or remade prior to their sunset date.

13. Keep records to defend enforcement actions: If facing an infringement notice or prosecution, preserve application histories, correspondence with Heritage Victoria, copies of waiver applications or concession evidence, and records of steps taken to avoid carrying prohibited equipment. The Regulations encode specific data expectations; having contemporaneous records that match Schedules 1-3 will assist in both administrative review and litigation.

Following this roadmap aligns operational practice with the Regulations’ text (regs 5-18, 20 and Schedules 1-3) and reduces the risk of inadvertent breaches that can attract infringement notices or higher penalties. Where doubt remains, seek clarification from Heritage Victoria or legal advice referencing the enabling Heritage Act 2017 provisions that create the substantive permit powers deployed by these Regulations.